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U of M's White Earth bus tour likely to
present jaundiced view of reservation
By Gary Blair
The University of Minnesota's College of Agricultural, Food and Environmental Sciences (COAFES) sponsored a bus trip this week for 50 faculty members to the White Earth reservation to promote a partnership with
the tribal government.
The group wants to acquaint residents with the "expertise and resources the university has to offer this
large community in northern Minnesota." The bus trip, accomodations and
events were paid for with a grant from
the Kellog Foundation.
Boxed in at the top ofa press release
was the following: "Media note: A
ricing ceremony focusing on the importance of wild rice to the Anishinabe
people is set for 10 a.m. Thursday, Sept.
3 at Shooting Star Casino near
Mahnomen." The news release is titled:
"Faculty Bus Trip Kicks Off U of M
Tribal Partnership."
Magi Adamek, COAFES' associate
director, says the group will tour the
reservation and take part in the following events: An oral history presentation; a wild rice harvest and processing demonstration; children's drum
group, community-hosted traditional
feast; and a meeting with the tribal
council. Sovereign immunity and treaties will also be part ofthe discussions.
Also contained in the news release is
the following: "The reservation has
many agricultural and natural resource
issues, including weed control in wild
rice beds, challenges that affect the
fish supply, plus forestry and farmland
concerns. With a new democratic government and tribal college, the White
Earth Band is in position to partner
with the university and address these
critical issues."
Although the purpose ofthe universities' visit appears to be commendable, the group appears to have been
misled. Apparently Adamek was not
told that the reservation is broke and
the tribal council plans to lay-off numerous employees after the special
election at the end of this month. Nor
does the group seem aware that the
reservation's headquarters has become
an armed camp to protect tribal council members or that open meetings are
not being held by the tribal council.
There will likely be no mention ofthe
fact that the White Earth Election
Board is sending out absentee ballots
which are not numbered. By not numbering the ballots or making voter reg-
Red Lake to market bottled water
Bus tour to present one-sided view of White Earth
South Dakota officers harass vacationing family
IRA can never represent Anishinabeg, pg. 3
Is there a TEC member who will respect civil rights? pg. 3
Free press crucial to reservation development, pg. 4
Voice ofthe People
1
& -mail: presson@paulbunyan.nst
U Of M/to pg. 8
Red Lake plans to market bottled water
By Brad Swenson
Managing Editor - Bemidji Pioneer
REDLAKE, MN - Some day soon,
the Red Lake Band of Chippewa may
be known for something more than its
walleye and wild rice. Joining the
ranks ofthe trendy who like bottled
water on ice, the Red Lake Nation
hopes to market its crystal-clear water
to the nation.
Work is slated to begin in September
to build a water bottling and ice plant
nearthewatertowerin Redby,drawing
upon the reservation's vast
underground aquifer for water.
"We were taking a look at our existing
resources that we have on the
reservation and decided to put them to
some use," Red Lake Tribal Chairman
Bobby Whitefeather said recently in
an interview. "We've always prided
ourselves on the quality of our
environment and the quality of our
water, especially."
Looking at the number of brands,
and the public acceptance, of bottled
water. Red Lake officials began
thinking.
"We knew that there was a ready
market forquality water," Whitefeather
said. "Everyone thought it was a
venture that we figured,'Let's see how
it goes and see what happens.'
Evidently, EDA thought it was a very
attractive project."
Water/to pg.5
Gov. Wilson signs pacts with Pala, 10 others
SACRAMENTO, Calif. (AP) -
Indians have renewed their fight
against "cookie-cutter" gambling
agreements that authorized the first
state-approved tribal casinos in
California.
The state's agreements with the
Pala Band of Mission Indians and 10
other tribes were ratified by the
Legislature Thursday and signed
Friday by Gov. Pete Wilson over the
opposition of many California tribes.
"We feel the passage of this bill is
shameful," said Andrew Masiel,
treasurer for the California Nations
Indian Gaming Association.
"We believe it's a sellout to Nevada
gambling interests. It cuts off
competition."
The Pala Compact is the latest
chapter in a long-running warbetween
the state and its tribes over what kind
of gambling could be offered in Indian
casinos.
The next battle will be fought over
Proposition 5. aNov. 3 ballot initiative
that would allow tribal casinos to offer
expanded gambling, including the
video slot machines Wilson has fought
against.
Up to $1 million per week has been
spent in an early television ad battle
over the measure. "With Proposition 5
we feel it's now up to the California
voters to stop this plan to shut down
Indian gaming," Masiel said. "We're
asking the California voters to help us
help ourselves."
Foes of the measure say the Pala
Compact shows that tribes don't need
Proposition 5 to open casinos, said
Gina Stassi ofthe Coalition Against
Unregulated Gambling.
Nevada casinos are among the
groups mounting opposition to the
initiative. More than 40 tribes have
opened casinos, with most featuring
video slot machines that generate lots
of money.
The Pala Compact does not allow
video slot machines, although it does
Wilson/to pg. 5
Poll weighs support for tribal casino project
KENOSHA, Wis. (AP) - Most ofthe
city voters who favor a proposed
tribal casino project see it as offering
an economic boost, a public opinion
poll indicates. The Kenosha News
said the survey it commissioned found
51 percent of those likely to vote Nov.
3 would favor a casino and 26 percent
would oppose it - and the other 23
percent were not sure how they would
vote.
The Menominee tribe in northeastern
Wisconsin has proposed building a
$400 million casino-entertainment
complex at what is now Dairyland
Greyhound Park. The project would
require approval ofthe governor and
the U.S. Bureau oflndian Affairs.
A group called Voters Organized to
Initiate a Community Election
submitted a petition calling for a
binding referendum on a proposal to
bar the city from authorizing casino
gambling, and from approving any land
transfer for casino gambling. The
petition is pending before the City
Council. The referendum could go on
the Nov. 3 ballot.
The Kenosha County Board,
meanwhile, is considering a petition
calling for an advisory referendum
Poll/to pg. 5
Tribal meeting closed to media, outcome
unknown
STROUD, Okla. (AP) - The outcome
of the Sac and Fox Nation annual
General Council meeting in Stroud
was unknown late Saturday night,
because tribal members voted to
throw out the only reporter in
attendance shortly after the meeting
began.
Tribal members voted 138-7 to oust
the media from the meeting, although
all other non-tribal members were
allowed to stay, the Shawnee News-
Star reported.
The vote interrupted a parliamentary
move amending the agenda to allow
immediate discussion ofthe meeting's
most pressing issue: Who is legally
the tribe's principal head chief?
Dora Young, who was reinstated to
that office by the tribe's Supreme
Court Aug. 20, claims the title. So does
Don Abney, who was elected to the
post in a special election last year.
The special election was called
following theGeneral Council's ouster
of Ms. Young and tribal secretary
Mary McCormick. Ms. Young and Ms.
McCormick were ousted March 1,
1997, aftera tribal grievance comm ittee
found probable cause for charges that
Ms. Young had denied tribe members
freedom of speech and Ms. McCormick
had neglected her duties. The women
appealed.
The tribe's Supreme Court ruled
earlier this month that Ms. Young and
Ms. McCormick were improperly put
out of their jobs. The court ordered
their reinstatement. The ruling also
nullified a special election in August
1997 that put Abney into the position
of chief. But Abney claims he still has
the job. All non-essential operations
ofthe tribe were shut down by Abney' s
administration Aug. 25, pending the
outcome of Saturday's meeting.
Crow tribal official pleads innocent to
charges of stealing
BILLINGS (AP) -Thechairwoman
of the Crow Tribe pleaded innocent
Friday to eight federal charges of
stealing money from the tribe's Little
Bighorn Casino. Clara Nomee appeared
on a new indictment that made
housekeeping changes in a previous
indictment but includes no new
charges. She answered, "I plead not
guilty," to each ofthe charges read by
U.S. District Judge Jack Shanstrom.
Penelope Strong, Nomee's lawyer,
asked Shanstrom to appoint acertified
Crow language interpreter for Nomee
when she goes to trial at a later,
unspecified date.
Shanstrom denied the request, noting
among other things that he listened to
Nomee testify as a witness for nearly
three hours during ajury trial in March
without an interpreter. He said Nomee
demonstrated her knowledge of
English and was able to answer
questions intelligently.
Assistant U.S. Attorney Carl Rostad
opposed the motion. He said the
government believes Nomee is fluent
in English, noting her testimony at the
March trial and her 20-year employment
with the Bureau of Indian Affairs.
Shanstrom questioned Nomee about
her age, education and understanding
of English. He noted that Crow
business is conducted primarily in
English and that Nomee has testified
before Congress without needing
Crow interpreters. She has conducted
tribal affairs for years with the public,
Congress, the state of Montana and
the courts without an interpreter, he
said.
Nomee, 60, said she always has
somebody who understands English
very well with her when conducting
business. "What ever is said up here is
backward in our language," Nomee
said. The judge said the case could
proceed without an interpreter but
Ojibwe
News
We Support Equal Opportunity For All People
Native
American
Press
Founded in 1888
Volume 10 Issue 47
A weekly publication.
Copyright Native American Press, 1888
vote, county-wide, on the casino issue.
In the poll, respondents who claim to
be likely voters responded to the
question: "Regardless of the ballot
wording, will you vote for the casinoor
against the casino?"
A&A Research of Montana
conducted the telephone survey of
503 city residents Aug. 23-25 for the
newspaper. The margin of error was
listed as plus or minus 4.5 percent.
Among other findings, as reported
by the newspaper Sunday: Seven out
of 10 people who support the casino
n may still feel like summer outside, but the hummingbird shown above is fueling up for its long flight south as
Fall awaits just around the corner.
Law enforcement harassment ruins
family's Black Hills vacation
By Jeff Armstrong
A Bemidji family's planned vacation
to the Black Hills ended in a humiliating ordeal at the hands ofa South Dakota law enforcement officer who
stopped their vehicle on a spurious
pretext.
Rachel Dotnrese, a White Earth tribal
member, says she was pulled over by
a state highway patrol officer outside
Chamberlain, South Dakota, allegedly
because a dream catcher and eagle
feather adorned the car's rear-view mirror.
Traveling with her husband and two
young children, Domrese said her car
was singled out even though it was
one of the few on the road traveling
under the speed limit.
When Domrese opened the glove box
to produce the requested vehicle registration and insurance documents,
the officer spotted a bag of tobacco
she keeps on hand for prayer offerings.
"He found the bag of tobacco, and
he grabbed it and asked what it was. I
said it was tobacco I use it to pray
with," said Domrese. "I always have it
with me."
After the officer thoroughly inspected
the tobacco and apparently concluded
it was what she said it was, he decided
to conduct a more comprehensive
search.
"He said 'Step outside. I'm going to
search your car,'" said Domrese. She
said the officer proceeded to inspect
the contents of the vehicle and her
purse. The officer's search yielded
nothing more than a pack of Zig Zag
rolling papers, which are legal and
nominally used for homemade cigarettes.
Accusing Domrese of possessing
"drug paraphenalia," the officer threatened the family. "He said they'd come
and impound my car, they'd take us to
jail and the kids to a foster home and
we wouldn't be able to get them out
[of foster care] when we got out of
jail," Domrese said.
The children, ages six and two, were
seriously traumatized by the event,
Domrese said. "They were crying; they
were scared. They thought we were
going to go to jail."
And that was not all. Domrese said
the officer continued to press her to
turn over any "drugs" in her possession while she sat in the squad car. As
she pleaded her innocence, Domrese
says, "He looked down my dress." The
Anishinabe woman said this aspect of
the search was most humiliating, as
she was wearing a low-cut dress with
no bra.
The officer, identified in the ticket he
issued as B. Swets, charged Domrese
with possession of drug paraphenalia,
but he failed to issue a citation for the
dream catcher which initially caught
his attention. He allowed the family to
leave only after col lecting a $ 103 cash
"bond."
Domrese expressed suspicion about
the officer's collecting cash on the
scene.
Attempts to reach the Brule County
Courthouse to determine if such a practice is common and to verify that the
bond was posted with the court were
unsuccessful, as the listed number for
the courthouse is now a private residence.
Court limits tribes' authority over non-
member Indians Law's constitutionality questioned
CrOW/to pg. 8
SAN FRANCISCO (AP) - A
Montana Indian tribe cannot prosecute
anon-memberlndian on sexual assault
charges for a crime that took place
before 1990, a federal appeals court
has ruled.
The9thU.S.CircuitCourtof Appeals
questioned the constitutionality
Thursday of a federal law that gives
Indian tribes the authority to prosecute
crimes committed on their land by
Indians from other tribes. But the court
ruled only that the law does not cover
cases that took place before the 1990
law was passed. The ruling requires
the Northern Cheyenne Tribe to
dismiss 15 charges of aggravated sexual
assault against David Means, former
director ofthe Indian Health Service
clinic on the Northern Cheyenne
reservation in Lame Deer, Mont.
Means, a member of the Sisseton-
Wapatan Tribe, was accused by two of
his nieces in January 1997 of sexually
assaulting them between 1978and 1988,
when they were children. Prosecutors
contended the nieces had only recently
regained memories ofthe attacks, the
court said.
Means' lawyer, Clarence Belue, said
the charges were manufactured by a
"misguided therapist" and were
uncorroborated and unfounded. "He's
been falsely accused of things that
never happened." Belue said. He said
federal prosecutors, who have joint
authority with tribes over major
criminal cases on Indian land,
investigated Means' case and decided
not to file charges. Means, whose
reputation had been "totally
unblemished," spent three weeks in
jail before being freed on bail and was
reassigned to a lesser job in the Indian
Health Service, Belue said. Tribal
Prosecutor Steven A. Kelly could not
be reached for comment.
The appeals court's 3-0 decision
overturned a ruling by U.S. District
Judge Jack Shanstrom that allowed the
tribal prosecution under the 1990
federal law. The previous law, as
interpreted by the U.S. Supreme Court
in arulingearlierinl990,allowed tribes
to prosecute only their own members
and not other Indians or non-Indians,
the court said. Using the 1990 law for
a pre-1990 prosecution would violate
the constitutional ban on ex post facto
laws, which retroactively classify an
act as criminal or increase punishment
after the fact, the court said.
The ruling was written by U.S.
Districtjudge Edward Reed ofNevada,
temporarily assigned to the appeals
court, and joined by Judge Stephen
Reinhardt and Chief Judge ProcterHug.
The case is Means vs. Northern
Cheyenne Tribal Court.

U of M's White Earth bus tour likely to
present jaundiced view of reservation
By Gary Blair
The University of Minnesota's College of Agricultural, Food and Environmental Sciences (COAFES) sponsored a bus trip this week for 50 faculty members to the White Earth reservation to promote a partnership with
the tribal government.
The group wants to acquaint residents with the "expertise and resources the university has to offer this
large community in northern Minnesota." The bus trip, accomodations and
events were paid for with a grant from
the Kellog Foundation.
Boxed in at the top ofa press release
was the following: "Media note: A
ricing ceremony focusing on the importance of wild rice to the Anishinabe
people is set for 10 a.m. Thursday, Sept.
3 at Shooting Star Casino near
Mahnomen." The news release is titled:
"Faculty Bus Trip Kicks Off U of M
Tribal Partnership."
Magi Adamek, COAFES' associate
director, says the group will tour the
reservation and take part in the following events: An oral history presentation; a wild rice harvest and processing demonstration; children's drum
group, community-hosted traditional
feast; and a meeting with the tribal
council. Sovereign immunity and treaties will also be part ofthe discussions.
Also contained in the news release is
the following: "The reservation has
many agricultural and natural resource
issues, including weed control in wild
rice beds, challenges that affect the
fish supply, plus forestry and farmland
concerns. With a new democratic government and tribal college, the White
Earth Band is in position to partner
with the university and address these
critical issues."
Although the purpose ofthe universities' visit appears to be commendable, the group appears to have been
misled. Apparently Adamek was not
told that the reservation is broke and
the tribal council plans to lay-off numerous employees after the special
election at the end of this month. Nor
does the group seem aware that the
reservation's headquarters has become
an armed camp to protect tribal council members or that open meetings are
not being held by the tribal council.
There will likely be no mention ofthe
fact that the White Earth Election
Board is sending out absentee ballots
which are not numbered. By not numbering the ballots or making voter reg-
Red Lake to market bottled water
Bus tour to present one-sided view of White Earth
South Dakota officers harass vacationing family
IRA can never represent Anishinabeg, pg. 3
Is there a TEC member who will respect civil rights? pg. 3
Free press crucial to reservation development, pg. 4
Voice ofthe People
1
& -mail: presson@paulbunyan.nst
U Of M/to pg. 8
Red Lake plans to market bottled water
By Brad Swenson
Managing Editor - Bemidji Pioneer
REDLAKE, MN - Some day soon,
the Red Lake Band of Chippewa may
be known for something more than its
walleye and wild rice. Joining the
ranks ofthe trendy who like bottled
water on ice, the Red Lake Nation
hopes to market its crystal-clear water
to the nation.
Work is slated to begin in September
to build a water bottling and ice plant
nearthewatertowerin Redby,drawing
upon the reservation's vast
underground aquifer for water.
"We were taking a look at our existing
resources that we have on the
reservation and decided to put them to
some use," Red Lake Tribal Chairman
Bobby Whitefeather said recently in
an interview. "We've always prided
ourselves on the quality of our
environment and the quality of our
water, especially."
Looking at the number of brands,
and the public acceptance, of bottled
water. Red Lake officials began
thinking.
"We knew that there was a ready
market forquality water," Whitefeather
said. "Everyone thought it was a
venture that we figured,'Let's see how
it goes and see what happens.'
Evidently, EDA thought it was a very
attractive project."
Water/to pg.5
Gov. Wilson signs pacts with Pala, 10 others
SACRAMENTO, Calif. (AP) -
Indians have renewed their fight
against "cookie-cutter" gambling
agreements that authorized the first
state-approved tribal casinos in
California.
The state's agreements with the
Pala Band of Mission Indians and 10
other tribes were ratified by the
Legislature Thursday and signed
Friday by Gov. Pete Wilson over the
opposition of many California tribes.
"We feel the passage of this bill is
shameful," said Andrew Masiel,
treasurer for the California Nations
Indian Gaming Association.
"We believe it's a sellout to Nevada
gambling interests. It cuts off
competition."
The Pala Compact is the latest
chapter in a long-running warbetween
the state and its tribes over what kind
of gambling could be offered in Indian
casinos.
The next battle will be fought over
Proposition 5. aNov. 3 ballot initiative
that would allow tribal casinos to offer
expanded gambling, including the
video slot machines Wilson has fought
against.
Up to $1 million per week has been
spent in an early television ad battle
over the measure. "With Proposition 5
we feel it's now up to the California
voters to stop this plan to shut down
Indian gaming," Masiel said. "We're
asking the California voters to help us
help ourselves."
Foes of the measure say the Pala
Compact shows that tribes don't need
Proposition 5 to open casinos, said
Gina Stassi ofthe Coalition Against
Unregulated Gambling.
Nevada casinos are among the
groups mounting opposition to the
initiative. More than 40 tribes have
opened casinos, with most featuring
video slot machines that generate lots
of money.
The Pala Compact does not allow
video slot machines, although it does
Wilson/to pg. 5
Poll weighs support for tribal casino project
KENOSHA, Wis. (AP) - Most ofthe
city voters who favor a proposed
tribal casino project see it as offering
an economic boost, a public opinion
poll indicates. The Kenosha News
said the survey it commissioned found
51 percent of those likely to vote Nov.
3 would favor a casino and 26 percent
would oppose it - and the other 23
percent were not sure how they would
vote.
The Menominee tribe in northeastern
Wisconsin has proposed building a
$400 million casino-entertainment
complex at what is now Dairyland
Greyhound Park. The project would
require approval ofthe governor and
the U.S. Bureau oflndian Affairs.
A group called Voters Organized to
Initiate a Community Election
submitted a petition calling for a
binding referendum on a proposal to
bar the city from authorizing casino
gambling, and from approving any land
transfer for casino gambling. The
petition is pending before the City
Council. The referendum could go on
the Nov. 3 ballot.
The Kenosha County Board,
meanwhile, is considering a petition
calling for an advisory referendum
Poll/to pg. 5
Tribal meeting closed to media, outcome
unknown
STROUD, Okla. (AP) - The outcome
of the Sac and Fox Nation annual
General Council meeting in Stroud
was unknown late Saturday night,
because tribal members voted to
throw out the only reporter in
attendance shortly after the meeting
began.
Tribal members voted 138-7 to oust
the media from the meeting, although
all other non-tribal members were
allowed to stay, the Shawnee News-
Star reported.
The vote interrupted a parliamentary
move amending the agenda to allow
immediate discussion ofthe meeting's
most pressing issue: Who is legally
the tribe's principal head chief?
Dora Young, who was reinstated to
that office by the tribe's Supreme
Court Aug. 20, claims the title. So does
Don Abney, who was elected to the
post in a special election last year.
The special election was called
following theGeneral Council's ouster
of Ms. Young and tribal secretary
Mary McCormick. Ms. Young and Ms.
McCormick were ousted March 1,
1997, aftera tribal grievance comm ittee
found probable cause for charges that
Ms. Young had denied tribe members
freedom of speech and Ms. McCormick
had neglected her duties. The women
appealed.
The tribe's Supreme Court ruled
earlier this month that Ms. Young and
Ms. McCormick were improperly put
out of their jobs. The court ordered
their reinstatement. The ruling also
nullified a special election in August
1997 that put Abney into the position
of chief. But Abney claims he still has
the job. All non-essential operations
ofthe tribe were shut down by Abney' s
administration Aug. 25, pending the
outcome of Saturday's meeting.
Crow tribal official pleads innocent to
charges of stealing
BILLINGS (AP) -Thechairwoman
of the Crow Tribe pleaded innocent
Friday to eight federal charges of
stealing money from the tribe's Little
Bighorn Casino. Clara Nomee appeared
on a new indictment that made
housekeeping changes in a previous
indictment but includes no new
charges. She answered, "I plead not
guilty," to each ofthe charges read by
U.S. District Judge Jack Shanstrom.
Penelope Strong, Nomee's lawyer,
asked Shanstrom to appoint acertified
Crow language interpreter for Nomee
when she goes to trial at a later,
unspecified date.
Shanstrom denied the request, noting
among other things that he listened to
Nomee testify as a witness for nearly
three hours during ajury trial in March
without an interpreter. He said Nomee
demonstrated her knowledge of
English and was able to answer
questions intelligently.
Assistant U.S. Attorney Carl Rostad
opposed the motion. He said the
government believes Nomee is fluent
in English, noting her testimony at the
March trial and her 20-year employment
with the Bureau of Indian Affairs.
Shanstrom questioned Nomee about
her age, education and understanding
of English. He noted that Crow
business is conducted primarily in
English and that Nomee has testified
before Congress without needing
Crow interpreters. She has conducted
tribal affairs for years with the public,
Congress, the state of Montana and
the courts without an interpreter, he
said.
Nomee, 60, said she always has
somebody who understands English
very well with her when conducting
business. "What ever is said up here is
backward in our language," Nomee
said. The judge said the case could
proceed without an interpreter but
Ojibwe
News
We Support Equal Opportunity For All People
Native
American
Press
Founded in 1888
Volume 10 Issue 47
A weekly publication.
Copyright Native American Press, 1888
vote, county-wide, on the casino issue.
In the poll, respondents who claim to
be likely voters responded to the
question: "Regardless of the ballot
wording, will you vote for the casinoor
against the casino?"
A&A Research of Montana
conducted the telephone survey of
503 city residents Aug. 23-25 for the
newspaper. The margin of error was
listed as plus or minus 4.5 percent.
Among other findings, as reported
by the newspaper Sunday: Seven out
of 10 people who support the casino
n may still feel like summer outside, but the hummingbird shown above is fueling up for its long flight south as
Fall awaits just around the corner.
Law enforcement harassment ruins
family's Black Hills vacation
By Jeff Armstrong
A Bemidji family's planned vacation
to the Black Hills ended in a humiliating ordeal at the hands ofa South Dakota law enforcement officer who
stopped their vehicle on a spurious
pretext.
Rachel Dotnrese, a White Earth tribal
member, says she was pulled over by
a state highway patrol officer outside
Chamberlain, South Dakota, allegedly
because a dream catcher and eagle
feather adorned the car's rear-view mirror.
Traveling with her husband and two
young children, Domrese said her car
was singled out even though it was
one of the few on the road traveling
under the speed limit.
When Domrese opened the glove box
to produce the requested vehicle registration and insurance documents,
the officer spotted a bag of tobacco
she keeps on hand for prayer offerings.
"He found the bag of tobacco, and
he grabbed it and asked what it was. I
said it was tobacco I use it to pray
with," said Domrese. "I always have it
with me."
After the officer thoroughly inspected
the tobacco and apparently concluded
it was what she said it was, he decided
to conduct a more comprehensive
search.
"He said 'Step outside. I'm going to
search your car,'" said Domrese. She
said the officer proceeded to inspect
the contents of the vehicle and her
purse. The officer's search yielded
nothing more than a pack of Zig Zag
rolling papers, which are legal and
nominally used for homemade cigarettes.
Accusing Domrese of possessing
"drug paraphenalia," the officer threatened the family. "He said they'd come
and impound my car, they'd take us to
jail and the kids to a foster home and
we wouldn't be able to get them out
[of foster care] when we got out of
jail," Domrese said.
The children, ages six and two, were
seriously traumatized by the event,
Domrese said. "They were crying; they
were scared. They thought we were
going to go to jail."
And that was not all. Domrese said
the officer continued to press her to
turn over any "drugs" in her possession while she sat in the squad car. As
she pleaded her innocence, Domrese
says, "He looked down my dress." The
Anishinabe woman said this aspect of
the search was most humiliating, as
she was wearing a low-cut dress with
no bra.
The officer, identified in the ticket he
issued as B. Swets, charged Domrese
with possession of drug paraphenalia,
but he failed to issue a citation for the
dream catcher which initially caught
his attention. He allowed the family to
leave only after col lecting a $ 103 cash
"bond."
Domrese expressed suspicion about
the officer's collecting cash on the
scene.
Attempts to reach the Brule County
Courthouse to determine if such a practice is common and to verify that the
bond was posted with the court were
unsuccessful, as the listed number for
the courthouse is now a private residence.
Court limits tribes' authority over non-
member Indians Law's constitutionality questioned
CrOW/to pg. 8
SAN FRANCISCO (AP) - A
Montana Indian tribe cannot prosecute
anon-memberlndian on sexual assault
charges for a crime that took place
before 1990, a federal appeals court
has ruled.
The9thU.S.CircuitCourtof Appeals
questioned the constitutionality
Thursday of a federal law that gives
Indian tribes the authority to prosecute
crimes committed on their land by
Indians from other tribes. But the court
ruled only that the law does not cover
cases that took place before the 1990
law was passed. The ruling requires
the Northern Cheyenne Tribe to
dismiss 15 charges of aggravated sexual
assault against David Means, former
director ofthe Indian Health Service
clinic on the Northern Cheyenne
reservation in Lame Deer, Mont.
Means, a member of the Sisseton-
Wapatan Tribe, was accused by two of
his nieces in January 1997 of sexually
assaulting them between 1978and 1988,
when they were children. Prosecutors
contended the nieces had only recently
regained memories ofthe attacks, the
court said.
Means' lawyer, Clarence Belue, said
the charges were manufactured by a
"misguided therapist" and were
uncorroborated and unfounded. "He's
been falsely accused of things that
never happened." Belue said. He said
federal prosecutors, who have joint
authority with tribes over major
criminal cases on Indian land,
investigated Means' case and decided
not to file charges. Means, whose
reputation had been "totally
unblemished," spent three weeks in
jail before being freed on bail and was
reassigned to a lesser job in the Indian
Health Service, Belue said. Tribal
Prosecutor Steven A. Kelly could not
be reached for comment.
The appeals court's 3-0 decision
overturned a ruling by U.S. District
Judge Jack Shanstrom that allowed the
tribal prosecution under the 1990
federal law. The previous law, as
interpreted by the U.S. Supreme Court
in arulingearlierinl990,allowed tribes
to prosecute only their own members
and not other Indians or non-Indians,
the court said. Using the 1990 law for
a pre-1990 prosecution would violate
the constitutional ban on ex post facto
laws, which retroactively classify an
act as criminal or increase punishment
after the fact, the court said.
The ruling was written by U.S.
Districtjudge Edward Reed ofNevada,
temporarily assigned to the appeals
court, and joined by Judge Stephen
Reinhardt and Chief Judge ProcterHug.
The case is Means vs. Northern
Cheyenne Tribal Court.